People in El Paso who’ve been illegally detained by ICE can file a writ of habeas corpus and challenge their detention. El Paso habeas corpus lawyers with Mendoza Law can argue for release from detention or, in limited circumstances, request court review of whether continued detention violates constitutional due process.
Attorney Maria and her legal team of over 1,400 employees are always ready to fight back against the misuse of the law. We’re prepared to put over a hundred years of combined legal experience to work for clients who want to file a writ of Habeas Corpus.
The El Paso immigration lawyers with Mendoza Law work with clients who’ve entered the country illegally, are facing deportation orders, have questions about visas and Green Cards, and are otherwise struggling to work within the United States immigration system. With us, the fight continues. You can trust us to take your concerns seriously in your hour of need.
What Is a Writ of Habeas Corpus?
There’s more than one type of writ of habeas corpus. However, all of these writs are designed to ensure your right to present your case to a judge and avoid unlawful or constitutionally excessive civil detention. In this vein, many individuals detained by ICE may be able to submit a habeas corpus petition challenging their detention.
Petitions designed to challenge ICE detention appear in the federal district court. Federal district courts generally cannot review the validity of deportation orders, but they may hear habeas claims challenging unlawful or prolonged detention that are independent of the removal order itself.
As such, the writ of habeas corpus that you file while in ICE custody can specifically address your prolonged detention. You can discuss what other petitions you’ll need to file or steps you’ll need to take to address other immigration concerns with our El Paso Habeas Corpus attorneys.
Can a Different Habeas Corpus Petition Challenge Your Deportation Orders?
Writs of habeas corpus generally challenge the legality of ICE detention, not the validity of deportation orders themselves. Challenges to removal orders must follow the immigration appeals process, which may include review by the Board of Immigration Appeals and, in some cases, a petition for review in the Fifth Circuit Court of Appeals.
An attorney can help determine which options may apply based on the stage of your case.
For a free case evaluation with a habeas corpus lawyer serving El Paso, call +1 (202) 933-3379
How Long Does It Take for a Habeas Corpus Petition to Work?
It can take a while for a federal district court to consider your habeas corpus petition. The sooner you can file your petition, the better, but be aware that your speedy filing does not guarantee a prompt response.
Instead, judges in federal district courts can take their time reviewing your claim, waiting for ICE’s response when asked to defend your detention, and then allowing you to respond to those claims.
If you need more immediate support, you can work with our El Paso habeas corpus attorneys to file a Motion for a Temporary Restraining Order in addition to your habeas corpus petition. We can discuss your options for approaching constructive conversations about your detention during a legal consultation.
El Paso Habeas Corpus Lawyer Near Me +1 (202) 933-3379
When Can You Request a Writ of Habeas Corpus?
You may specifically have the right to move forward with a writ of habeas corpus if:
You’ve Been Unlawfully Detained
If you believe that your detention by ICE violates the law, you can argue that you’ve been unlawfully detained if you can:
- Prove your U.S. citizenship
- Prove that you’re under 18 and in adult detention
- Prove that ICE has misrepresented your status as a permanent resident
You’ve Received a Deportation Order
ICE may continue to hold you for up to six months after the government finalizes your removal order. After six months, if removal is not reasonably foreseeable, a detainee may file a habeas petition challenging continued detention under Zadvydas v. Davis.
Filing a Zadvydas petition requires you to wait six months after your final removal order. Your petition may ask the court to review whether continued detention is lawful when removal is not reasonably foreseeable. If the court finds detention unconstitutional, it may order release under appropriate conditions.
You’ve Experienced Prolonged Detention Without Court Review
Your petition will require a federal court to consider the length of your detention, what delays have impacted your case, the strength of your case in immigration court, and the conditions you’ve been held in.
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How Can Our El Paso Habeas Corpus Lawyers Help You?
You need evidence to move a habeas corpus petition forward. Our El Paso habeas corpus attorneys can help gather the evidence most relevant to your petition, including proof of denied bond hearings, proof of prolonged abuse in ICE’s care, and, in some cases, proof of citizenship.
Our legal team can gather this evidence on your behalf. Our support can ensure that your petition is robust, giving you the greatest opportunity to challenge your detainment and retake control of your life. We can also ensure that you operate within set procedural rules and don’t accidentally invalidate your petition.
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Start Working With Mendoza Law Today
Do not wait to get in touch with a habeas corpus attorney in El Paso, TX. We can help you complete the paperwork necessary to move forward with a writ of habeas corpus and protect yourself from wrongful detention and further mistreatment.
While this process can be challenging, Attorney Maria and Mendoza Law are ready to go to work for you. You can contact us today to set up your habeas corpus case consultation with our staff.
Call or text +1 (202) 933-3379 or complete a Free Case Evaluation form
